Market economy is legal economy, legal provisions with every link of enterprise production and management. The provisions of the criminal law by regulating the market
Camp behavior charges amounted to more than 120. These charges related enterprises from the establishment, financing, production and marketing, financial management, labor, human
Management, marketing until the bankruptcy liquidation of enterprises throughout the production process.
Because of the time, we can't do everything to each one counts are introduced to everyone, in the following, I will be
Production and management of industry as a clue, entrepreneurs are common multiple crimes were introduced.
A company, the establishment of the enterprise, and the liquidation of bankruptcy process
The establishment and the bankrupt company, enterprise is like a natural birth and death, life is a starting point and end point. In this two ring
Section mainly relates to the crime of false registered capital, a false capital contribution, withdrawing capital crime, the crime of false bankruptcy liquidation, sin four charges. The false
Registered capital crime should be caused enough attention of entrepreneurs. Because, in the China entrepreneurs deduction from a business from scratch, to
The big story at the same time, there are too many impetuous and hidden danger. Some entrepreneurs at the resort to deceit, create a bubble economy, and the
The final because of the alleged false registered capital in prison.
"Criminal law" the 158th stipulation: "the applicant company registration using false documents or by other fraudulent means false registered capital,
Deceive the company registration authority, the company registration, false registered capital amount is huge, the consequences are serious or if the circumstances are serious,
Is less than three years imprisonment or criminal detention, or impose a single false registered capital amounting to one percent to five percent of the fine. Single
A crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, less than three years period
In prison or detention."
The crime of false registered capital, refers to the applicant company registration of individuals or units, the use of false documents or by other fraudulent
Means, false registered capital, deceive the company registration authority, the company registration, false registered capital amount is huge, with serious consequences or
Have other serious circumstances of the act.
The key to determining this crime is:
1 the body must be of the individual or entity registration of applicant company.
2 must use false documents or by other means of fraud, false registered capital, cheating the company registration departments, made
The company registration, and the amount is huge, the consequences are serious or other serious circumstances.
[case] Liu Zhenmin false registered capital case
In 2004 April, the defendant Liu Zhenmin served in the Xinxiang District of Fengquan City, Lu Wang Fen Xiang divided during pool of secretary of village Party branch, to the Administration for Industry and Commerce
Management department to apply for registration of the establishment of the Xinxiang city Fengquan District Feng Fei Industrial Co., ltd.. Legal person the company registered in the administrative department for Industry and Commerce
Shareholders for the Xinxiang city Fengquan District Lu Wang Fen Xiang will Chi Cun Wei Hui, the natural person shareholder as the sun XX. During the application for registration, the defendant Liu Zhenmin
Rural credit cooperatives in Xinxiang District of Fengquan City, Dong XX (dealt with) help, by Dong XX issued its false 500000 yuan bank payment
Single, in the absence of actual investment case, demonstrate the use of false capital contribution, made the capital verification report, and cheating the company registration authority
The door, made the company registration, the establishment of the Xinxiang city Fengquan District Feng Fei Industrial Co., Ltd., the legal representative for Liu Zhenmin, registered capital of 50
Million yuan, false registered capital of 500000 yuan.
Two, financing link
Financing is the enterprise or individual financing behavior and process. Simply according to their own situation, and future development needs,
Through a certain way, raise funds from certain channels to investors and creditors, financial behavior of organizational capital. Enterprises to maintain the normal
Production and operation, cannot do without the banking system the issuance of securities, trading mechanism, support. Enterprises in the process of dealing with them, no matter
Is the stock financing, bank loans, must be strictly in accordance with the relevant securities, financial laws and regulations to comply with the relevant procedures. If the enterprise to
Financial regulations and the banking and securities industry some standard operating procedures are not familiar with, or violate the rules to operate, it can
Some criminals can fall into trap, or itself directly violates the criminal law criminal legal consequences caused by.
(a) in violation of relevant legal securities financing prohibition, suspected of the crime:
1 unless approved by the competent departments of the state, the issue of shares or corporate bonds, enterprise arbitrarily, the amount is huge, with serious consequences or
Other serious circumstances, may constitute "unauthorized issuance of stocks, corporate bonds, company crime" ("criminal law" article 179th);
2 in the prospectus, subscription book, company, enterprise bond issuance plan, concealing important facts or fabricate false content, issuance of shares
Tickets or company, corporate bonds, the amount is huge, the consequences are serious or if the circumstances are serious, may constitute a "fraudulent issuance of shares, bonds
Bond crime "(" criminal law "article 160th);
3 shall bear the obligation of information disclosure of the company, providing false or conceal important facts to its shareholders and the public financial
Accounting reports, or other important information disclosure shall not according to the rules of disclosure in accordance with the law, serious damage to the interests of shareholders or others, or
Other serious circumstances, may constitute "illegal disclosure, disclosure of important information is not crime" ("criminal law" article 161st);
The staff of 4 Securities, futures trading on inside information or illegal acquisition of securities, futures trading information staff, to permit
The issue of notes, securities, futures trading or other securities, have a significant impact on futures trading prices information not yet publicized, buy or
Sell the securities, or engage in futures transactions associated with the insider information, or disclose this information, express, implied or others engaged in
The transaction activities, if the circumstances are serious, may constitute "insider trading, disclosing inside information crime" ("criminal law" article 180th);
5 fabricate and disseminate false information that affect securities trading, which disturb securities trading market, resulting in serious consequences, may constitute "series
Creating and disseminating false information securities transactions crime "(" criminal law "the 181st paragraph first);
The 6 securities exchanges, securities companies practitioners, the securities industry association or the securities management department staff, deliberately provides false
Information or forged, altered, destroyed the transaction record, luring investors to buy and sell securities, causing serious consequences, may constitute "into investment
Researchers from buying and selling securities crime "(" criminal law "the 181st paragraph second);
7 people through the centralized financial advantage, holding or positions or the advantage, information advantage and continuous trading, or with others on
Through mutual securities, futures trading, or self stocks futures contracts for the manipulation of securities, futures trading price or trading
The amount of ", may constitute the crime of manipulating the security market" ("criminal law" article 182nd).
(two) prohibits violation of financing related legal bank loans, may be suspected of the crime:
1 people with illegal possession for the purpose of introducing capital, project, by fabricating false reasons; using false economic contracts, certificates
Ming documents; or using false property right certificates, beyond the duplicate guarantee way, bank or other gold
Financial institutions lending, amount is large, may constitute a "crime of loan fraud" ("criminal law" article 193rd);
2 for the purpose of profit taking on lending, credit funds of financial institutions of relending of others, the larger the amount of illegal gains, may constitute
"Crime of relending at high interest rate" ("criminal law" article 175th);
3 to cheating loan, bills acceptance bank or other financial institutions, credit, letter of guarantee, to the bank or other financial
Cause great losses of financial institutions or other serious circumstances, may constitute "cheating loan, bills acceptance, financial coupons crime" ("punishment
"175th of 1)
(three) the criminal legal risks exist in other ways of financing
In addition, enterprises in the capital shortage is badly in need of capital financing to alleviate the pressure, but also unable to obtain bank loans, the enterprise may
Have to from other channels to seek financing, in this case some entrepreneurs tend to be "disease luantou Yi", may take other non
Method to obtain funds. For example, absorbing public deposits illegally or in disguised absorbing public deposits, disrupts financial order, can constitute a "non
Method of absorbing deposit of the public "(" criminal law "article 176th); if it is for the purpose of illegal possession, use of illegal fund-raising fraud method, the amount of
The larger, may constitute a "fraud" ("criminal law" article 192nd).
Three, production, sales
For all kinds of enterprises of different industries, will have some special requirements are different, and will make or issue specific criteria. Quality
Standard requirements, safety requirements, health requirements, fire safety requirements, with the requirements of environmental protection. Such as
If these requirements can not be reached, the enterprise is engaged in the trade of impossible. If the enterprise engaged in the production of the substandard conditions
Camp, you must meet the corresponding administrative punishment. If the circumstances are serious or if the consequences are serious, the enterprise and the person in charge of the enterprise and even bear
Should the criminal liability and civil liability. These specific requirements, the administrative organs are specified in the corresponding administrative rules and regulations,
If the enterprises in these regulations have not enough understanding and be fully observed, so will face legal risks, including the criminal law
Law risk.
"Criminal law" the 140th to the 150 set up a special section provision, to standardize the company's production and sales of products act. For the production of
Makers, sellers in adulterates products, fake, shoddy, or to destroy the market unqualified products as qualified products by
Of the Franciscan Order Act "producing, selling fake or substandard products"; at the same time, especially for drugs, medical equipment, food, pesticides, veterinary
Drug, chemical fertilizer, seed, cosmetics and some requirements for the high use safety product established criminal law special, for these products
Made more stringent requirements for quality management products. Such as "production, sales of substandard drugs crime", "medical production, sales do not meet standards
The crime "," equipment production, sales do not meet hygiene standards of food crime "," the production, selling poisonous and harmful food crimes "," production, marketing
The sale of unsafe products "," the crime of production, selling fake agriculture, veterinary medicine, fertilizer, seed crime "," production, sales do not meet the
Sin cosmetics hygienic standard".
Four, financial management
(a) criminal legal risk in tax administration
Tax revenue is the main source of state revenue, tax law is a legal obligation of every citizen, enterprise. Enterprises in the tax management process
, must pay taxes. If the violation of state about the tax collection and management laws and regulations, with tax evasion, evasion, resistance to taxation, escape
Avoidance of pursuing tax arrears or export tax refund fraud, caused serious loss of tax, may constitute the tax evasion crime, crime of refusing to pay taxes, escape
Recovery of tax crime, crime of obtaining export tax drawback.
(two) the criminal legal risk management of invoice
In order to standardize the order of tax collection, to prevent the loss of tax revenue, the invoice a series of activities, manufacturing, sales, use and purchase system in China
The strict legal requirements, and different kinds of invoices shall be treated differently.
1 in the manufacturing and sale invoice invoice link, legal provisions for all invoices are consistent, which prohibits illegal manufacturing, sale of illegal
Manufacturing various types of invoices, banned the sale of all kinds of invoice illegal, otherwise is to bear criminal responsibility. "Criminal law" provisions invoices not according to the
The same type of special provisions for the different crime. For example, "illegal manufacturing, sale of illicit manufacture of invoice crime" and "illegal sale invoice
";" the crime of illegally manufacturing, selling illegal manufacturing for export rebates, tax invoice crime "and" illegal sale for carrying out
Export tax rebates, tax invoice crime ";" forgery, sells forged special invoices for value-added tax crime "and" the illegal sale of special VAT invoices
Sin".
2 in the invoice use links, the legal prohibition of falsely making out special invoices for value-added tax and can be used for export rebates, tax invoice.
Penal provisions of "falsely making out special invoices for value-added tax crime" and "other invoices to defraud export tax rebates, tax invoices".
3 in the invoice purchase link, the law granting special strict management of special VAT invoices: prohibit the illegal purchase of VAT
Hair, forbidden to buy forged special invoices for value-added tax, otherwise constitute the crime, to accept the penalty.
Five, labor and employment aspects
Along with the progress of the society, more and more countries legal protection for workers, more and more strict, the enterprise also should bear the corresponding social responsibilities
Ren, safeguard the legitimate rights and interests of workers. If the company fails to act in accordance with the labor law and related labor law, it may not only cause
Between business and labor disputes, but also may be related to bear criminal responsibility.
1 the crime of forced labor
"Criminal law" the 244th stipulation: "the employing unit violates labor laws and regulations, forcing workers to labor by restricting personal freedom, plot
Serious, constitute the crime of forced labor, the directly responsible personnel, is less than three years imprisonment or criminal detention, a fine or a single penalty
Gold."
The 2 child labor in critical labor sin
According to the "criminal law" one of 244th, in violation of the labor management regulations, hire minors under the age of 16 in the super body
Labour, or engage in work high above the ground, underground, or engage in work in the explosive, flammable, radioactive, toxic and other dangerous environment
Still, if the circumstances are serious, constitute the crime of child labor in critical labor.
3 to the crime of illegal adventure homework
"Criminal law" the 134th paragraph second: "force others to illegal adventure homework, thus causing major casualties or other serious
Serious consequences, is less than five years imprisonment or criminal detention; if the circumstances are especially serious, department for more than five years in prison."
Six, internal staff management
(a) embezzlement crime
The legitimate property of criminal law to state-owned assets and non State-Owned Company to take strong measures to protect. The use of company, enterprise personnel
Stealing, fraud, embezzlement, measures against the assets of state-owned enterprises and other enterprises to conduct a harsh crackdown on property.
1 the crime of corruption
"Criminal law" article 382nd: the state personnel who take advantage of their office, embezzle, steal, cheat or other illegal means to share with
Public property, is the crime of corruption.
By state organs, enterprises, institutions, State-Owned Company, and people's organizations entrusted with the management and operation of state-owned property, use a post
On the convenience, embezzle, steal, cheat or by other means of illegal possession of state owned property, to corruption theory.
And the person mentioned in the preceding two paragraphs with corruption, collusion, by the accomplice.
"Criminal law" the 271st paragraph second: State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise
Or other state-owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business with the conduct, in accordance with the provisions of article
Shall be convicted and punished in article three hundred and eighty-two, article 383rd.
2 embezzlement
"Criminal law" the 271st paragraph first: the company, enterprise or any other unit who, by taking advantage of their office, the property unit no
Method for himself, the larger amount, is less than five years imprisonment or criminal detention; the enormous amount of, at more than five years in prison, can
Confiscation of property.
3 the crime of dividing the state-owned assets
"Criminal law" 396th article: state agencies, State-Owned Company, enterprise, institution, people's organizations, in violation of state regulations, the unit name
Righteousness will state-owned assets privately distributing to groups of individuals, the larger amount, the directly responsible persons in charge and other directly responsible personnel, three years
In prison or detention, or be fined; if the amount involved is large, more than three years to seven years in prison, and punishment
Gold.
(two) embezzlement crime
1 of the crime of embezzlement of public funds
"Criminal law" article 384th: the state personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or
Those larger amount of misappropriation of public funds, for-profit activities, or larger amount of misappropriation of public funds, more than three months without further, embezzlement
Crime, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years in prison. The huge amount of misappropriation of public funds is not returned
, department for more than ten years of fixed-term imprisonment or life imprisonment.
Appropriated for disaster relief, rescue, flood prevention, special care, poverty, immigration, relief funds and materials for personal use, shall be given a heavier punishment.
"Criminal law" the 272nd paragraph second: State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise
Or other state-owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business with the conduct, in accordance with the provisions of article
Article three hundred and eighty-four shall be convicted and punished.
2 the crime of misappropriation of funds
"Criminal law" article 272nd: a company, enterprise or other unit staff, taking advantage of his position, misappropriation of funds to the unit
Personal use or lending to others, larger, more than three months without further, or are not more than three months, but the amount is larger
Profit-making activities, or illegal activities, is less than three years imprisonment or criminal detention; misappropriation of the huge amount of money units, or
Those larger amount of non refundable, three to ten years in prison.
(three) the bribery crime
1 the crime of accepting bribes
"Criminal law" article 385th: the state personnel who take advantage of their office, ask for other people's property, or illegally accept others' property,
For the benefit of others, is the crime of accepting bribes.
State personnel in economic activities, in violation of state regulations, accept all kinds of commission, fees, to all individuals, to
Taking bribes.
2 the unit bribery crime
"Criminal law" 387th article: state agencies, State-Owned Company, enterprise, institution, people's organizations, claim, illegally took other people's property
Matter, for the benefit of others, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible persons
Member, is less than five years imprisonment or criminal detention.
Units listed in the preceding paragraph, in economic activities, in their secret kickbacks, charges in various names, as guilty of acceptance of bribes, according to the provisions of the preceding
Be punished according to the provisions of paragraph.
"Criminal law" article 388th: "convenience state personnel who take advantage of their power or position of the working people, by other countries
The duties of the behavior, to seek illegitimate interests as trustees of property as trustees, ask for or accept property as trustees, shall be punished for taking a bribe.
3 use the influence of bribery
"Criminal law" 388th article one: national staff near relatives or other with the national staff close to the people, through the
State working staff's behavior, or by the state authority and position of the convenient conditions formed by other countries
Working staff's act, to seek illegitimate interests as trustees of property as trustees, ask for or accept property as trustees, larger amount
Or there are other serious circumstances, is less than three years imprisonment or criminal detention, and shall also be fined; if the amount involved is huge or other serious circumstances
At three years, more than seven years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, to seven years in
On the prison, and concurrently be sentenced to a fine or confiscation of property.

National staff turnover or their close relatives and other close relationship with, use the left the state personnel office
The implementation of the acts mentioned in the preceding paragraph convenient conditions right of formation or position, according to the preceding paragraph shall be convicted and punished.
4 bribery of non national staff
"Criminal law" article 163rd: a company, enterprise or other unit personnel who take advantage of their office, extort or non
Method accepts the properties of others, for the benefit of others, the larger amount, is less than five years imprisonment or criminal detention; the enormous amount of, five
Years or more in prison, can also be sentenced to confiscation of property.
Companies, enterprises or other units of staff in economic transactions, using the convenience of duty, in violation of state regulations, accepts the
A name of commission, fees, to all individuals, shall be punished in accordance with the provisions of the preceding paragraph.
State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to
The non State-Owned Company, enterprise and other organizations engaged in public service personnel have the acts mentioned in the preceding two paragraphs, in accordance with article 385th of this law, 300th
Article eighty-six shall be convicted and punished.
5 the crime of bribery
"Criminal law" article 389th: for the purpose of securing illegitimate benefits, gives property to a state functionary crime of bribery, is.
In economic activities, in violation of state regulations, gives property to a state functionary, large amount of, or in violation of state regulations, give
State functionaries in kickbacks, fee, bribespunishes.
Because of being extorted gives property to a state functionary, gains no illegitimate interests, not bribery.
"Criminal law" article 390th: the crime of bribery, is less than five years imprisonment or criminal detention; bribes to seek illegitimate interests, plot
Serious, or causes serious losses to state interests, place above five years imprisonment less than ten years; if the circumstances are especially serious, ten years
Fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property.
In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment.
6 to the unit crime
"Criminal law" 391st article: to seek illegitimate interests, giving the state organs, enterprises, institutions, State-Owned Company, and people's organizations to
Property, or in economic activities, in violation of state regulations, commissions, fees given various names, and three years in prison
Or criminal detention.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, in accordance with the preceding paragraph
The provisions of punishment.
7 of the non national staff bribery crime
"Criminal law" 164th article: to seek illegitimate interests, giving the company, enterprise or other unit staff to property, the number is
Large, is less than three years imprisonment or criminal detention; the enormous amount of, at more than three years to ten years in prison, fined.
Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, in accordance with the preceding paragraph
The provisions of punishment.
In the prosecution of former briber confesses his crime may be given a mitigated punishment or be exempted from punishment.
8 units of bribery
"Criminal law" 393rd article: unit that bribe to seek illegitimate interests, or in violation of state regulations, to state functionaries in return
Buckle, fee, if the circumstances are serious, shall be sentenced to a fine, and the persons directly in charge and other directly responsible personnel, five
Years in prison or detention. The illegal gains derived from bribing to all individuals, in accordance with article 389th of this law, 300th
Article ninety shall be convicted and punished.
9 the introducing bribe crime
"Criminal law" article 392nd: to the national staff bribery, if the circumstances are serious, is less than three years imprisonment or criminal detention.
Introducing bribe people before prosecution voluntarily confesses the bribery, can be mitigated punishment or be exempted from punishment.
(four) crime of Breach Trust
1 of the crime of illegal business operations
"Criminal law" article 165th: State-Owned Company, enterprise's board of directors, manager of the convenience of duty, conduct for themselves or others business and
Company, business similar to the business, to obtain illegal profits, the amount is huge, is less than three years imprisonment or criminal detention, a fine or
Only be fined; if the amount is especially huge, three years less than seven years imprisonment, fined.
2 crime of illegal profiteering for relatives
"Criminal law" article 166th: State-Owned Company, enterprise, institution staff, use convenient position, any of the following circumstances, the
Great damage to national interests, is less than three years imprisonment or criminal detention, or be fined; resulting from the special national interests
Don't be serious losses, three to seven years in prison, fined:
(1) the unit profit business by their relatives and friends for operation;
(2) with significantly higher than market prices to their relatives and friends management unit purchase goods or to significantly below market prices to
Their relatives management unit sales of commodities;
(3) to their relatives and friends management unit purchase substandard merchandise.
Breach of trust to damage the interests of 3 listing Corporation
"Criminal law" article 169th: one director of the listing Corporation, supervisors, senior management personnel violate the duty of loyalty to the company, by taking advantage of his position
Convenience, manipulation of listing Corporation engaged in one of the following acts, causing heavy losses to the interests of the listing Corporation, and three years in prison or
Their detention, or be fined; resulting in heavy losses of the interests of the listing Corporation, three years more than seven years of fixed-term acts
Punishment, and shall also be fined:
(1) free to other funds, unit or the individual commodity, service or any other asset;
(2) obviously unfair conditions, providing or receiving funds, commodity, service or any other asset;
(3) to provide funds, commodity, service or any other asset or individual who obviously does not have the ability of repayment units;
(4) to provide a guarantee for or individual who obviously does not have the ability of repayment units without justifiable reasons, or for other units or individuals for
Guarantee;
(5) a waiver of claims, liabilities without justified reasons;
(6) use other means to damage the interests of the listing Corporation.
The listing Corporation of the controlling shareholder or actual controller, to the directors of the listing Corporation, supervisors, senior management personnel commits the act
The, shall be punished in accordance with the provisions of the preceding paragraph.
The crime mentioned in the preceding paragraph listing Corporation controlling shareholder or actual controller of the company, it shall be fined, and the direct responsible
The person in charge and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph.
(five), the crime of breach of privilege
1, the performance of the contract signing of the crime of dereliction and being deceived
"Criminal law" article 167th: the person in charge directly responsible for the State-Owned Company, enterprise, institution, in the signing of the contract, in the process of,
Because of serious irresponsibility, fraud, causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; the national interest
Yi suffered particularly heavy losses, more than three years to seven years in prison.
The crime of dereliction of Duty 2 State-Owned Company, enterprises, institutions ("criminal law" article 168th)
3 State-Owned Company, enterprise personnel and institutions, the crime of breach of privilege
"Criminal law" 168th article: State-Owned Company, enterprise staff, because of serious irresponsibility or breach of privilege, cause state-owned public
Company, enterprise bankruptcy or serious losses, resulting in heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; the country
Interests in particular suffered heavy losses, more than three years to seven years in prison.
The state-owned institutions of staff with the conduct, resulting in serious losses to state interests, shall be punished in accordance with the provisions of the preceding paragraph.
State-Owned Company, enterprise, institution staff, play favouritism and commit irregularities, commits the crime in the preceding two paragraphs, in accordance with the provisions of the first paragraph of a place
Penalty.
4 private fraud - shares, the sale of state assets crime
"Criminal law" 169th article: State-Owned Company, enterprise or its superior departments in charge directly responsible persons in charge, play favouritism and commit irregularities, state-owned
Assets - shares or sell at a low price, thus causing heavy losses to the interests of the state, is less than three years imprisonment or criminal detention; the country
Interests in particular suffered heavy losses, more than three years to seven years in prison.
(six) other crimes
The crime of huge unidentified property
"Criminal law" article 395th: national staff of the property, spending significantly more than the legitimate income, if the difference is enormous, may be ordered to the country
Staff explains the source, can not explain the source of the difference, as illegal gains, is less than five years imprisonment or criminal detention; difference
A particularly large, more than five years to ten years in prison. The difference of the property to be recovered.
Seven, market operation
Under the market economic system, as an active civil subject, companies, enterprises to seek the development must be market transactions with the outside world
Activities, such as signing, the performance of the contract, to carry out marketing activities. Only the order of the market in order to ensure the social economy
Development. For the behavior of disturbing the social order, the criminal law third chapter eighth section of regulation.
This chapter provides a "damage the business reputation, product reputation crime", "the crime of false advertising", "cahoots bids crime", "contract fraud
The crime "," the crime of illegal pyramid selling "," the crime of illegal business operation "," crime of forced transaction "," forging, reselling the counterfeit valuable tickets crime",
"The crime of reselling tickets, tickets", "illegal transfer, in the land use right of sin", "the crime of evading commodity inspection".
The third section entrepreneurs daily criminal legal risk management
One, improve the legal awareness, training of legal thinking
China lack of legal tradition, legal system construction China from after the reform and opening up began and gradually perfect, has only thirty years, in the
China towards a market economy system is only 10 years, so China entrepreneurs may not inherit and learn from their parents, the predecessors of there
The necessary legal knowledge and experience.
At present, China's entrepreneurs have strong economic consciousness, they are very sensitive to economic problems. At the same time, they have a very
A strong sense of power, use power or deal with dignitaries also can handle a situation with ease. But they lack, is the law
Knowledge. They do not understand the relevant legal provisions, but also on the legal staff of enterprises or legal advice, the lack of sufficient attention. Because of
This will occur, so many entrepreneurs dropped, so many entrepreneurs deeply troubling fact because the crime.
If the combination of these years because of crime Ma entrepreneurs, age and education background, so we are not difficult to find, these
Although most educated entrepreneur is not low, especially in the state-owned enterprises, when the person in charge of the selection or fancy. But also
It is this high degree or better education background made them become a famous entrepreneur in the specific time. If the original Guangdong International Trust
Trust investment company chairman Huang Yantian, the original three nine group chairman Zhao Xinxian, Shenzhen Energy Group Chairman Lao Derong, the original central China power set
General manager Lin Kongxing, Ji'nan Qingqi Group Company Group Chairman Zhang Jialing, is the university culture, is the same age peers
'. But they have neither the legal education, is also a lack of rule of law of the influence of the environment, so most of them for criminal crime
Lack of the necessary knowledge and understanding, the lack of the necessary preventive, their legal risk prevention awareness is not enough.
A full-time legal adviser in a famous listing Corporation's lawyer said, their company executives as a famous entrepreneur although reputation far
Sowing, earned many honors, enveloped the resplendent with variegated coloration magnificent aura, but in processing enterprise legal issues, but is completely "agricultural
Civil lawsuit ", i.e. without legal, whether non, whether right or wrong, just ask who can" fix it ", and claimed that" no matter
How much money does not matter". So in the company of litigation disputes, in the manager's eyes, professional analysis lawyer is not important
To, important is not willing to spend money. The court also turned into "a relationship". In fact, this is not the company manager
"Farmers engage in a lawsuit, but" typical "upstart". Because a rational peasants, are also very is non, speak the truth
The.
Thus, our entrepreneurs, most should carefully fill the law in this class.
To raise awareness of the law should not only stay in the mouth of a slogan, but should be carried out in the specific operation:
1 entrepreneurs have to learn some of the necessary legal knowledge.
Although there is no need for very careful study and grasp the many specific legal concepts and rules, but some basic, day
Such as the legal common sense in daily life often may be exposed to should have, what is, what is the crime, intentional, negligence, Lord
Crime, accomplice, criminal responsibility, civil liability, self-defense, emergency hedge, irresistible force, fraud, unfair, unjust enrichment
Etc..
2 entrepreneurs also should pay attention to internal training.
In the developed countries in the company, legal training is very important, the training content is very comprehensive. The entrepreneur not only invited the Ministry of Justice
Staff or external legal experts to provide legal training to their senior management personnel, tell them what problem how to do, but also to
All the staff of legal training necessary. This training is not only a year to a class, but also to the examination, examination failed again
Training, re examination. Especially overseas listing Corporation, corporate executives must be legal training comprehensive.
In China, many enterprises are also attached great importance to the management and staff training, but the training mainly concentrated in the marketing, production management
Management, human resource management, financial management and other aspects, there are few legal training. Especially for enterprise senior management personnel, legal culture
Training is very lack. Therefore, the enterprise to appear all kinds of crimes or other legal risks, we will not feel strange.
3 entrepreneurs also should develop the habit of consulting a lawyer before making a decision.
The lawyer can make entrepreneurs for the time hanging in the head of the legal sword to see more clearly, but also know how to prevent the enterprise faces
Legal risk. Before making major decisions in the enterprise, to hire professional lawyers to decision relates to the project plan for compliance assessment, hair
At present the various problems of legal risk, legal risks reasonably foreseeable, and put forward the modification, solution, nip in the bud.
Two, improve the corporate legal affairs management institutions
In our country, not previously set up in the internal legal affairs management institutions traditions and habits. Many modern entrepreneurs come to realize
The law is important to enterprise, also began in the enterprises began to set up the Department of legal affairs, to provide legal support for the development of enterprise. But there are still
Many enterprises or entrepreneurs and no permanent legal department or legal counsel, they did not consult a lawyer habits, no precautions
Mechanism and measures of legal risk trap, only in the legal dispute or step into the trap before considering the legal problems and try to save.
Although some enterprises have established the legal affairs institution, but not the corporate legal affairs institution or personnel in place
, "legal adviser, time to ask, do not ask" did not care, a joke to point out our present situation of enterprise legal department
And embarrassment. Enterprises should be its internal legal departments and personnel to form a good working mechanism, give full play to the legal risk prevention and management
The role of.
When enterprise development to a certain scale, with the increase of business expansion and personnel, corporate legal affairs more and more heavy
To.
1 large and medium-sized enterprises should establish the internal legal affairs agencies timely, legal affairs configuration suitable for business people
Officer, responsible for enterprise daily legal affairs.
Legal affairs in 2 large and medium-sized enterprises more, can set up the Department of legal affairs, for the enterprise sector, responsible for corporate legal
Service work.
3 hire external professional lawyer team as perennial legal counsel
[case] Beijing Jian Hao Group Chairman Yuan Baojing, himself although graduation is also the legal profession, but after all, not a lawyer
Service work. When he encounters the blackmail and impose exactions on others, never countermeasure in consultation with counsel, but listen to his brother Yuan Baoqi's advice to take
Extreme means of crime, the two brothers were both sentenced to death, really regrettable.
Three, perfect enterprise management system
The system is good, evil is constrained, the bad guys can also become good; system has a problem, man is not constrained, good man may go bad. Because of
For this, we should make great efforts on improving enterprise system under the time.
First of all, power must be supervised. Whether it is state-owned enterprises or private enterprises, to avoid the entrepreneur personal power is too large, a
Person said to calculate, engage in patriarchal system in the enterprise. The system of enterprise should form a can mutual restraint, mutual supervision, and
Can cooperate with each other to promote each other's management mode.
The enterprise should have a democratic system. The major decision of enterprises, make great investment, corporate restructuring, in addition to the leadership class
The sub group discussion and collective responsibility, should be widely for employees of enterprises actively participate, encourage employees to offer advice and suggestions, the decision risk to
The lowest. In the state owned enterprises should play the role of the workers' Congress, let the workers congress to participate in business decision-making.
To have a strict accountability system. The regulatory system should not only sound, but also to daily, can't let the person in charge of the enterprise want how
How.
In state-owned enterprises, enterprises in selecting cadres through democratic means, to avoid the superior departments directly appointed way. The leading cadres of the enterprise
Department at the end of the year to seriously examine, question and answer should review time, all employees should have the opportunity to comment. Assessment of voting
Fruit should be publicity.